New York, US

A former prosecutor noted that Special Counsel Jack Smith's main argument in his Supreme Court submission is that Donald Trump should stand trial for election fraud, regardless of any presidential immunity. Smith's brief said that the prosecution should proceed, even if a former president has some immunity from federal criminal prosecution.

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"This may be the most critical piece: Smith tells the Court: 'even if you think there might need to be some immunity for a president, it's not this case. Let this one go to trial'," Vance wrote on X, formerly Twitter.

In his argument, Smith wrote that "even assuming that a former President is entitled to some immunity for official acts, that immunity should not be held to bar this prosecution."

"First, a President's alleged criminal scheme to overturn an election and thwart the peaceful transfer of power to his lawfully elected successor is the paradigmatic example of conduct that should not be immunised, even if other conduct should be," Smith wrote.

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"Second, at the core of the charged conspiracies is a private scheme with private actors to achieve a private end: petitioner's effort to remain in power by fraud."

"Those allegations of private misconduct are more than sufficient to support the indictment," he added. 

Smith heads the federal prosecution against the ex-president, accused of unlawfully trying to overturn his defeat to President Joe Biden in the 2020 election. Newsweek reached out for comment from Trump's lawyer. Last year, Smith charged Trump with various offences related to the January 6 riots at the US Capitol and an alleged scheme involving false elector slates.

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What is Trump's take?

Trump, widely expected to be the Republican candidate in the 2024 presidential race, asserts his innocence and pleads not guilty to all accusations. He accuses prosecutors of politically motivated targeting.

The case is scheduled to be heard by the Supreme Court on April 25, as Trump seeks to have the indictment thrown out, arguing that he is protected from criminal charges for actions taken during his time in the White House.

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Lower courts, initially rejected Trump's assertions of presidential immunity—first by US District Judge Tanya Chutkan in December, followed by the US Court of Appeals for the District of Columbia in February. However, in February, the Supreme Court agreed to review the case, stating in a brief order their intention to address the extent of a former President's immunity from criminal prosecution for actions deemed to be official acts.

(With inputs from agencies)